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(영문) 인천지방법원 2018.05.23 2017고단9007
무고
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2016, the Defendant: (a) was under investigation at the Namyang Police Station C and office located in the Southern-si Police Station, the Namyang-si, the Republic of Korea: (b) on April 4, 2016, the Defendant 532, controlled the Defendant to engage in sexual traffic; and (c) was under investigation at whose place the said case was sexual traffic; (d) “A person who was born at the place of sexual traffic is E; (e) was upon completion of sexual traffic on the first day of the work; and (e) was under the influence of alcohol at E’s house located in the Gangseo-gu Seoul Metropolitan Government F 3:01, and was under the influence of alcohol; (e) the Defendant was forced to rape from E by committing rape on the second day; and (e) the Defendant was forced to engage in sexual intercourse with the Defendant on April 20, 2016, and was unable to reach an agreement with the police officer to engage in sexual intercourse.”

In this respect, the defendant made a false accusation against E for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. A detailed statement of card use, each card sales slips;

1. Details of Kakao Stockholm messages, text messages, and telephone communications;

1. Application of each statute of the judgment;

1. Relevant Article 156 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the Defendant for the purpose of having the Defendant receive criminal punishment against E, and the nature of the crime is not good. The crime of this case was prosecuted due to the crime of this case for rape, etc., and it became final and conclusive after having been acquitted in the first and second trials. Accordingly, E appears to have suffered considerable difficulties and pain.

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